S T A T E O F N E W Y O R K
________________________________________________________________________
S. 551 A. 1560
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 7, 2009
___________
IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Finance
IN ASSEMBLY -- Introduced by M. of A. CANESTRARI -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the balanced fire
protection act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "balanced fire protection act".
S 2. Legislative intent. The legislature hereby finds that fires that
could have been prevented or contained tragically cut down students in
the prime of their lives. College dormitories and student housing pose a
significant fire risk and require special attention to safety. A high
density of students within a building requires early warning detection
and alarms, fire control and fire containment systems via fire resistive
walls and floors.
The legislature further finds that students require time for safe
escape and, if necessary, temporary refuge from fire. Containing fire
spread with acoustically sound and fire resistive construction provides
a critical cornerstone to the safety and well-being of students. Subdi-
viding a facility with fire resistive construction allows for extra time
to escape, provides a temporary area of refuge, and allows time for
emergency responders to engage in rescue. Subdivision of spaces in a
dormitory with building materials that possess inherently high fire
resistance and sound limiting or noise dampening properties enhance fire
containment performance of wall and floor elements.
Additionally, fire resistive construction does not contribute to the
fire load or add toxic quantities of smoke and gases in a fire event.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03586-01-9
S. 551 2 A. 1560
Fire resistive construction withstands the heat and ravages of fire as
well as the impact of water from firefighters' hose streams. Walls and
floors that remain structurally intact throughout the fire duration,
protect occupants and firefighters from potential structurally weakened
or collapsing construction.
The legislature also finds that senior citizens are a vital resource
and legacy to our society but are highly susceptible to the ravages of
fire. Many live in facilities shared by others in like circumstances,
that is, in multi-residential facilities. Fire protection of senior
citizens relies upon a balanced approach to fire safety that includes
early warning detection and alarm, fire control, escape and fire
containment via fire resistive walls and floors.
Many senior citizens require a longer time to evacuate in a fire emer-
gency. Still, informed others cannot be evacuated at all. Containing
fire spread with acoustically sound, fire resistive construction
provides a critical cornerstone to the safety and well-being of senior
citizens. Subdividing a facility with fire resistive construction allows
seniors additional time to escape from a fire, provides a temporary area
of refuge, effectively contains a fire to its area of origin and allots
time for emergency responders to engage in effective rescues. Subdivid-
ing living, service and common spaces with building materials that
possess inherently high fire resistive and sound limiting or absorption
properties tends to also enhance fire performance of the wall and floor
elements.
The legislature also finds that fire resistive construction does not
contribute to the expected fire load or add toxic quantities of smoke
and related gases. Fire resistive construction withstands the heat and
ravages of fire as well as the impact of water from firefighters' hose
streams. Walls and floors that remain structurally intact throughout the
fire duration, protect occupants and firefighters from potential struc-
turally weakened or collapsing construction.
S 3. Article 18-A of the executive law is relettered article 18-B and
a new article 18-A is added to read as follows:
ARTICLE 18-A
BALANCED FIRE PROTECTION
SECTION 385. DEFINITIONS.
385-A. REGULATIONS.
385-B. ENFORCEMENT.
385-C. EXEMPTIONS.
385-D. CONSTRUCTION WITH OTHER LAWS.
S 385. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AUTOMATIC SPRINKLER SYSTEM" MEANS A SPRINKLER SYSTEM, FOR FIRE
PROTECTION PURPOSES, THAT IS AN INTEGRATED SYSTEM OF UNDERGROUND AND
OVERHEAD PIPING DESIGNED IN ACCORDANCE WITH FIRE PROTECTION ENGINEERING
STANDARDS. THIS SYSTEM INCLUDES AN AVAILABLE AND SUITABLE DOMESTIC WATER
SUPPLY. THE PORTION OF THE SYSTEM ABOVEGROUND IS A NETWORK OF SPECIALLY
AND HYDRAULICALLY DESIGNED PIPING INSTALLED IN A BUILDING, TO WHICH THE
AUTOMATIC SPRINKLERS ARE CONNECTED IN A SYSTEMATIC PATTERN. THE SYSTEM
IS USUALLY ACTIVATED BY HEAT FROM A FIRE AND DISCHARGES WATER OVER THE
DESIGNATED FIRE AREA.
2. "BUILDING" MEANS ANY STRUCTURE USED OR INTENDED FOR SUPPORTING OR
SHELTERING ANY USE OR OCCUPANCY.
3. "BUILDING CODE" MEANS THE PROVISIONS ADOPTED BY A UNIT OF LOCAL
GOVERNMENT GOVERNING THE CONSTRUCTION, ALTERATION, MOVEMENT, ENLARGE-
MENT, REPLACEMENT, REPAIR, EQUIPMENT, USE AND OCCUPANCY, LOCATION, MAIN-
S. 551 3 A. 1560
TENANCE, REMOVAL AND DEMOLITION OF BUILDINGS OR STRUCTURES OR ANY
APPURTENANCES CONNECTED OR ATTACHED TO A BUILDING OR STRUCTURE.
4. "COMBUSTIBLE" MEANS A MATERIAL THAT, IN THE FORM IN WHICH IT IS
USED AND UNDER THE CONDITIONS ANTICIPATED, WILL IGNITE AND BURN. THE
TERM ALSO MEANS A MATERIAL THAT DOES NOT MEET THE DEFINITION OF NONCOM-
BUSTIBLE.
5. "DORMITORY" OR "STUDENT HOUSING" MEANS A BUILDING OR SPACE IN A
BUILDING IN WHICH GROUP SLEEPING ACCOMMODATIONS ARE PROVIDED FOR MORE
THAN SIXTEEN PERSONS WHO ARE NOT MEMBERS OF THE SAME FAMILY IN ONE ROOM
OR A SERIES OF CLOSELY ASSOCIATED ROOMS UNDER JOINT OCCUPANCY AND SINGLE
MANAGEMENT, WITH OR WITHOUT MEALS, BUT WITHOUT INDIVIDUAL COOKING FACIL-
ITIES.
6. "EXISTING BUILDING" MEANS A BUILDING ERECTED, OR OFFICIALLY AUTHOR-
IZED TO BE CONSTRUCTED BY THE AUTHORITY HAVING JURISDICTION TO APPROVE
THE CONSTRUCTION, BEFORE THE EFFECTIVE DATE OF THIS ARTICLE.
7. "FIRE COMPARTMENT" MEANS A SPACE WITHIN A BUILDING THAT IS ENCLOSED
BY FIRE PARTITIONS ON ALL SIDES, INCLUDING THE TOP AND BOTTOM.
8. "FIRE PARTITION" MEANS A TWO HOUR NONCOMBUSTIBLE FIRE RESISTIVE
VERTICAL FIRE SEPARATION ASSEMBLY DESIGNED TO RESTRICT THE SPREAD OF
FIRE, IN WHICH OPENINGS ARE PROTECTED.
9. "FIRE RESISTANCE RATING" MEANS THE PERIOD OF TIME THAT A BUILDING
ELEMENT, COMPONENT OR ASSEMBLY MAINTAINS THE ABILITY TO CONFINE A FIRE,
WITHSTANDS A HOSE STREAM FOR THE EQUIVALENT TIME PERIOD OF THE FIRE
EXPOSURE, AND CONTINUES TO PERFORM A GIVEN STRUCTURAL FUNCTION AS DETER-
MINED BY THE TEST METHODS PRESCRIBED IN "ASTM E 119, STANDARD METHOD OF
TESTS OF FIRE ENDURANCE OF BUILDING CONSTRUCTION AND MATERIALS."
10. "FIRE RESISTIVE CONSTRUCTION" MEANS CONSTRUCTION IN WHICH THE
STRUCTURAL ELEMENTS ARE OF STEEL, IRON, CONCRETE OR MASONRY IN ACCORD-
ANCE WITH THE STATE BUILDING CONSTRUCTION CODE, THE STATE BUILDING
CONSERVATION FIRE PREVENTION CODE OR THE STATE UNIFORM FIRE PREVENTION
AND BUILDING CODE ACT.
11. "NEW CONSTRUCTION" MEANS A BUILDING OR CONSTRUCTION, ERECTED, OR
OFFICIALLY AUTHORIZED TO BE CONSTRUCTED BY THE AUTHORITY HAVING JURIS-
DICTION TO APPROVE THE CONSTRUCTION AFTER THE EFFECTIVE DATE OF THIS
ARTICLE.
12. "NONCOMBUSTIBLE MATERIAL" MEANS A MATERIAL THAT, IN THE FORM IN
WHICH IT IS USED AND UNDER THE CONDITIONS ANTICIPATED, WILL NOT IGNITE,
BURN, SUPPORT COMBUSTION, OR RELEASE FLAMMABLE VAPORS WHEN SUBJECTED TO
FIRE OR HEAT. MATERIALS THAT ARE REPORTED AS PASSING "ASTM E 136, STAN-
DARD TEST METHOD FOR BEHAVIOR OF MATERIALS IN A VERTICAL TUBE FURNACE"
AT SEVEN HUNDRED DEGREES CELSIUS, ARE CONSIDERED NONCOMBUSTIBLE MATERI-
ALS.
13. "SENIOR CITIZEN" MEANS A PERSON SIXTY-FIVE YEARS OF AGE OR OVER.
14. "SENIOR CITIZEN HOUSING" MEANS (A) A BUILDING OR PORTION THEREOF
THAT IS USED FOR LODGING AND BOARDING OF FOUR OR MORE SENIOR CITIZEN
RESIDENTS, NOT RELATED BY BLOOD OR MARRIAGE TO THE OWNERS OR OPERATORS,
FOR THE PURPOSE OF PROVIDING PERSONAL CARE SERVICES; AND (B) WHICH SHALL
HAVE MORE THAN THREE LIVING UNITS.
15. "SOUND TRANSMISSION COEFFICIENT (STC)" MEANS THE ACOUSTICAL VALUE
ASSIGNED TO A MATERIAL'S ABILITY IN SYSTEM, TO MINIMIZE SOUND TRANS-
MISSION BETWEEN TENANT OCCUPANCIES THEREBY CREATING QUIETER ENVIRONS.
S 385-A. REGULATIONS. 1. THE STATE FIRE ADMINISTRATOR SHALL TAKE
APPROPRIATE STEPS TO ENSURE THAT THE FOLLOWING REQUIREMENTS, SPECIF-
ICALLY DESIGNED TO FOSTER FIRE SAFE HOUSING PROVISIONS PROTECTING THE
HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE STATE, ARE INCORPO-
RATED INTO THE STATE BUILDING AND FIRE CODES:
S. 551 4 A. 1560
(A) ALL NEW CONSTRUCTION HOUSING SENIOR CITIZENS OR STUDENTS SHALL BE
OF NONCOMBUSTIBLE FIRE RESISTIVE CONSTRUCTION IN ACCORDANCE WITH THE
STATE BUILDING CODE, EXCEPT THAT BUILDINGS PROTECTED WITH AN AUTOMATIC
SPRINKLER SYSTEM AND IN COMPLIANCE WITH PARAGRAPH (B) OF THIS SUBDIVI-
SION MAY BE OF ANY CONSTRUCTION TYPE ALLOWED BY THE STATE BUILDING CODE.
(B) A FIRE PARTITION HAVING A FIRE RATING OF AT LEAST TWO HOURS AND A
SOUND TRANSMISSION COEFFICIENT OF AT LEAST FIFTY IS REQUIRED IN
CONNECTION WITH ALL OF THE FOLLOWING IN ALL NEW BUILDINGS AND
CONSTRUCTION OR PORTIONS THEREOF CONSTITUTING A DORMITORY, STUDENT HOUS-
ING OR SENIOR HOUSING:
(1) BETWEEN EACH INDIVIDUAL LIVING UNIT, TO FORM FIRE COMPARTMENTS;
(2) ALL EXIT CORRIDORS;
(3) ALL EXIT STAIRWAYS;
(4) OCCUPANCY SEPARATIONS ACCORDING TO THE STATE BUILDING CODE;
(5) EXTERIOR LOAD-BEARING WALLS;
(6) INTERIOR LOAD-BEARING WALLS; AND
(7) PUBLIC AND SERVICE AREA WALLS COMMON TO GUEST ROOMS.
(C) OPENINGS IN FIRE PARTITIONS MUST BE PROTECTED IN ACCORDANCE WITH
THE STATE BUILDING CODE BUT SHALL BE RATED AT NO LESS THAN NINETY
MINUTES OF FIRE PROTECTION.
(D) FIRE PARTITIONS SHALL HAVE A MINIMUM SOUND TRANSMISSION COEFFI-
CIENT IN EXCESS OF FIFTY.
(E) BUILDINGS PROTECTED WITH AN AUTOMATIC SPRINKLER SYSTEM AND IN
COMPLIANCE WITH PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL BE
ALLOWED TO BE OF UNLIMITED AREA, AND THEIR HEIGHT MAY BE INCREASED BY UP
TO TWENTY-FIVE PERCENT MORE THAN THE HEIGHT OF SIMILAR BUILDINGS THAT
ARE NOT PROTECTED WITH AN AUTOMATIC SPRINKLER SYSTEM OR ARE NOT IN
COMPLIANCE WITH PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION. ALL FLOOR
ASSEMBLIES IN A NEW DORMITORY OR NEW STUDENT HOUSING OR SENIOR CITIZEN
HOUSING MUST HAVE A MINIMUM TWO HOUR FIRE RESISTIVE RATING AND BE OF
NONCOMBUSTIBLE CONSTRUCTION.
2. THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION ARE DESIGNED
FOR USE THROUGHOUT THE STATE AND HAVE PARTICULAR APPLICATION TO SENIOR
CITIZEN HOUSING, DORMITORIES AND STUDENT HOUSING.
3. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO NEW BUILDINGS AND TO
CONSTRUCTION BEGUN AFTER THE EFFECTIVE DATE OF THIS ARTICLE RELATED TO
ALTERATIONS AND REMODELING THAT REQUIRE A BUILDING PERMIT.
S 385-B. ENFORCEMENT. LOCAL AUTHORITIES HAVING JURISDICTION TO ENFORCE
BUILDING CODES SHALL ENFORCE THE PROVISIONS OF THIS ARTICLE.
S 385-C. EXEMPTIONS. EXISTING BUILDINGS AND AREAS OF EXISTING BUILD-
INGS THAT ARE NOT SUBJECT TO REMODELING, ALTERATIONS OR AN INCREASE IN
HEIGHT OR FLOOR AREA ARE EXEMPT FROM THE PROVISIONS OF THIS ARTICLE.
S 385-D. CONSTRUCTION WITH OTHER LAWS. THE PROVISIONS OF THIS ARTICLE
SHALL SUPERSEDE ANY OTHER PROVISION OF A GENERAL, SPECIAL OR LOCAL LAW,
ORDINANCE, ADMINISTRATIVE CODE, RULE OR REGULATION INCONSISTENT OR IN
CONFLICT THEREWITH; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS ARTI-
CLE SHALL NOT SUPERSEDE STATE OR LOCAL REQUIREMENTS FOR SPRINKLERS,
EARLY WARNING DETECTION, FIRE ALARM SYSTEMS OR OTHER LIFE SAFETY
SYSTEMS.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law.